St. Paul daily globe., 1887-08-03

ceived from Powell the sum of $500,
and demanding on behalf of the Com
mercial National Bank of Omaha and
one Dinsmore, alleged to have been de-
frauded by the act of Powell, of the pay
ment of said sum. Upon refusal Mr..
Hartigan was threatened with criminal
Moinahan frequently stated that
his only object was to secure
the payment of this sum of
money The act of Moinahan,
unaccOmpanied by any other evidence,
would hardly be sufficient to support
the claim that these proceedings were
instituted for the purpose of collecting
. the alleged indebtedness or to cOerce
the defendant into making payment
of a sum of money. But, it seems while
at Tracy Mr.. MOinahan was in tele-
graphic communication with his prin-
cipalS-that he telegraphed them that
MIR. Hartigan claimed to have paid out
the money received from Powell, and
they. in return, telegraphed him to re-
turn with such evidence as he habitat
one Cults, a fatheT-in-law of Powell, and
wealthy citizen of this state, was then
in Omaha. Before leaving, however,
Mr.. MOinahan received another tele-
gram urging him to prevail upon Mr..
Hartigan to proceed to Omaha upon
their assurance that he would not be
ARRESTED. Upon his refusal to do so,
he was again threatened with criminal
proceedings. 1t appears from this be-
yOnd question that so far as the bank
and DinSmOre were concerned they
were then engaged in an attempt to
compel Mr.. Hartigan to make reStitu-
ton, and that Moinahan, although
-fr
not acting wholly without authority.
Failing to secure a settlement, an at
tempt was made to eXtradite Mr.. Harti-
gan, and in the requisition this same
MOinahan is named as the accredited
agent of the state of Nebraska.
Nov it might be urged with some
force that upon MOinahan'S first visit to
Tracy, the parties interested not being
i'll full possession Of the facts, an at
tempt was made to secure a settlement
with Air. Hartigan, but that afterwards,
more facts coming to their knowledge,
that idea was abandoned and criminal
proceeding instituted, but it appeared
that at the very time MOlnahan was
seeking negotiations with Harugan. the
parties interested were in possession of
enough facts to warrant them in their
Judgment, at least, in applying to
the governor of Nebraska for requiSl-
ton. and the proceedings were then in
Stitutcd. In view of Moinahau'S at
tempted negotiations, threatened prose-
cutiOnS. telegraph communication at
the time with his principals, the issue
OF requiSitiOn in which he was named
as agent, which it appears had been
granted, or was being right at the time
he was seeking negotiations with Hartl-
gan, cannot escape the conclusion that
these proceedings were Instituted for
the purpose of cOercing Hartigan into
paying DinsmOre and the bank the
money received from Powell.
'.ThiS matter has assumed very
GRAVE IMPORTANCE.
His eXcellency, the governor of Ne
braska, has employed special counsel
of high standing, and If the assertion
that the proc eedingS were instituted i'll
good faith rested upon the statement Of
counsel, | should feel great hesitation
in discussing any facts tending to con-
troyert such assertion, but he can only
speak for his principal and upon adj
vices furnished him. The state author
tiles of Nebraska now insist that If they
can secure the eXtradition of Hartlgan
the criminal charge against him will be
prosecuted in good faith. .and it is
matter of very great delicacy under
these circumstances to advise Wlthhoid-
ing warrant. Every facility should
be afforded for the speedy and prompt
extradition of fugitives. AT the same
time protection should be thrown around
our citizens. and when satisfied that a
proceeding has been instituted for the
purpose of getting them without the
state there to coerce them into settling
an alleged debt, the duty to refuse a
warrant in such case is too plain to adj
nit discussion. The Importance which
this proceeding has assumed has war
ranted me in going at some length into
a discussion of the facts upon which
the conclusions | reached are based and
fully mindful of its importance, realiz-
ing the delieacy of the task imposed
upon your excellency, but being unable
to escape the conclusion above eX-
pressed, have the honor to report that
in my opinion it would be ineXpedient
to comply with the demand. / am, very
respectfully yours, MOSES E. CLAPP,
ssAttOrDey General"